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(영문) 대전지방법원 2014.05.15 2014노434
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

400,000 won shall be additionally collected from the defendant.

3.2

Reasons

The summary of the grounds for appeal (unfair punishment) of the original judgment (10 months of imprisonment) is too unreasonable.

Judgment

As narcotics undermine the society and the state's soundness due to their toxicity, there is a great need to strictize narcotics-related crimes, Defendant has been sentenced to several sentence for the same crime, and Defendant committed the crime of this case during the period of repeated crime.

However, it is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) the volume and frequency of the penphones sold and administered by the Defendant is relatively low; (c) voluntarily surrenders to the investigative agency and actively cooperated in the investigation of accomplices; (d) the Defendant’s wife and his/her father and wife wanted to break down the Defendant’s wife to a simple extent; and (e) the Defendant’s new family does not repeat again for the sake of tending the Defendant.

In this context, from April to March 1, 200, the scope of the recommended sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Commission: Narcotics crime group, sales and mediation, etc., Type II (mariju, friju, frien, b.c., c., etc.), special sentencing range, recommended sentence range (one to one year and six months), 2: Narcotics crime group, medication, simple possession, etc., Type three (3) (one to one year and six months), special sentencing range, special sentencing range (one year and one year), special sentencing range (one month to one year and six months), and multiple aggravated results: the court below's decision is unreasonable in full view of all the circumstances before and after the instant crime, such as the Defendant's age, character and behavior, environment, the circumstances before and after the instant crime.

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.

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